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Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
Chapter 260. Pertaining to Designation of Seed Areas and Clean Cull Areas
3/29/2020

4VAC20-260-50. Culling and Inspection Procedures.

A. All oysters taken from natural public beds, rocks, or shoals shall be placed on the culling board or in only one basket upon the culling board and culled by hand at the location of harvest.

1. Culled oysters shall be transferred immediately from the culling board to the inside open part of the boat and stored in either a loose pile or baskets.

a. Oysters shall not be stored in both a loose pile and in baskets.

b. A single basket may be on board any boat during transfer of culled oysters from the culling board to the inside open part of the boat in a loose pile.

2. The entire harvest shall be subject to inspection, as provided in subsection F of this section.

B. Any oysters taken lawfully by hand from natural public beds, rocks, or shoals from the seaside of the Eastern Shore, and held in sacks, bags, or containers, shall be culled when taken and placed in those sacks, bags, or containers for inspection by any police officer as described in subsection G of this section.

C. If oysters from leased grounds and oysters from public grounds are mixed in the same cargo on a boat or motor vehicle, the entire cargo shall be subject to inspection under this chapter.

D. It shall be unlawful for any person to buy, sell, or report clean cull oysters by any measure other than those described in § 28.2-526 A of the Code of Virginia filled to level full. The container described in § 28.2-526 A 2 is a basket. It shall be unlawful for any person to sell, purchase, or report the sale or purchase of any clean cull oysters harvested from public grounds, as described in 4VAC20-720-40, in excess of the harvest limits described in 4VAC20-720-80.

E. It shall be unlawful for any person to buy, sell, or report seed oysters by any measure other than as described in § 28.2-526 of the Code of Virginia.

F. Oysters may be inspected by any police officer according to any one of the following provisions:

1. For any oysters stored in a loose pile in a vehicle, a trailer, or the inside open part of a boat, the police officer shall use a shovel to take one basket of oysters to inspect, at random, provided that the entire basket shall be taken from one place in the open pile of oysters. The officer may inspect multiple baskets by repeating this procedure for each basket of oysters shoveled from the loose pile.

2. For any oysters stored in baskets in a vehicle, a trailer, or the inside open part of a boat, the police officer shall select one basket for inspection. The officer may inspect multiple baskets by repeating this procedure for each basket.

G. In the inspection of oysters harvested by hand from waters of the seaside of the Eastern Shore, the police officer may select any sacks, bags, or containers at random to establish a full basket for purposes of inspection.

H. On the seaside of the Eastern Shore oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0035 § 5, eff. October 1, 1985; amended, Volume 03, Issue 05, eff. October 29, 1986; Volume 03, Issue 13, eff. March 9, 1987; Volume 04, Issue 01, eff. September 1, 1987; Volume 10, Issue 04, eff. October 15, 1993; Volume 10, Issue 14, eff. February 23, 1994; Volume 11, Issue 17, eff. April 14, 1995; Volume 27, Issue 03, eff. October 1, 2010; Volume 28, Issue 12, eff. February 1, 2012; Volume 29, Issue 03, eff. October 1, 2012; Volume 29, Issue 12, eff. February 1, 2013; Volume 30, Issue 03, eff. October 1, 2013; Volume 30, Issue 06, eff. November 1, 2013; Volume 31, Issue 02, eff. October 1, 2014; Volume 33, Issue 02, eff. September 1, 2016; Volume 34, Issue 06, eff. October 25, 2017; Volume 34, Issue 10, eff. December 13, 2017.

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